Accused charged with impaired driving and refusal to provide a roadside screening sample. Police pulled the accused’s vehicle over after a 911 call was made by a fellow motorist alleging an extremely erratic driving pattern. Accused was placed in the police vehicle for a screening breath sample after an odour of alcohol and a slur to speech was noted. Investigating police officer failed to turn on the police in car video / audio recording equipment, contrary to RCMP policy. Therefore, there was no video record of the events that took place inside of the police car (the alleged refusal to blow).
Held: Not guilty. The police failure to video record their investigation resulted in the Crown Prosecutor requesting that all charges be dismissed at the conclusion of the trial.